Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (3) —
(a)
where there is a contract for the sale by a dealer of a vehicle to a person by
description, there is an implied condition that the vehicle will correspond
with the description, and the sale of a vehicle is not prevented from being a
sale by description for the purposes of this paragraph by reason only that,
being exposed for sale, the vehicle is selected by the purchaser;
(b)
where a dealer sells a new vehicle to a person, there is an implied condition
that the vehicle is of merchantable quality, except that there is no such
condition by virtue only of this section —
(i)
as regards defects specifically drawn to that
person’s attention before the contract is made; or
(ii)
if the person examines the vehicle before the contract is
made, as regards defects which that examination ought to reveal.
(2) Any term of a
contract or agreement for the sale or supply of a vehicle to a person by a
dealer (including a term that is not set out in the contract or agreement, but
is incorporated therein by another term thereof) that purports to exclude,
restrict or modify, or has the effect of excluding, restricting or modifying
—
(a) the
application to that contract or agreement of all or any of the provisions of
subsection (1); or
(b) the
exercise of a right conferred by such a provision; or
(c) any
liability of the dealer for breach of a condition or warranty implied by such
a provision,
is void.
(3) The provisions of
subsection (1) do not extend to or in relation to —
(a) any
contract or agreement for the sale, or for the hire and sale, of a vehicle
which is in the form of a hire-purchase agreement to which the
Hire-Purchase Act 1959 applies; or
(b) any
contract or agreement for the sale of a vehicle which —
(i)
is not a vehicle to which Part III of this Act applies;
or
(ii)
is acquired by that person for the purposes of re-sale.